Memo

BILL NUMBER:S565A

TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to increasing the length of suspension of a driver's license for a person who illegally purchases or attempts to illegally purchase an alcoholic beverage

PURPOSE: To strengthen the underage drinking laws through an increase in penalty for those minors who seek to buy alcoholic beverages.

SUMMARY OF PROVISIONS: Section 1: Amends subdivision 6 of 65-b of the alcoholic beverage control law, making the penalty for the first violation where a minor uses a license to illegally purchase or attempt to purchase alcohol, a six month suspension of his or her license. Section 2: Amends subdivision 5 of section 65-b of the alcoholic beverage control law, making the penalty for a second or subsequent violation where a minor uses a license to illegally purchase or attempt to purchase alcohol; a one year suspension or until age 21, whichever is longer.

JUSTIFICATION: This bill contributes to strengthening the underage drinking laws through increased penalties for minors who illegally use a license to buy or attempt to buy alcoholic beverages. Increasing the amount of time the license of a minor may be suspended for the illegal purchase of alcohol would be a deterrent for minors who value the legitimate use of their license and the freedom it gives them for travel, leisure, school, and/or work. Underage drinking continues to be a growing problem which causes behavioral problems, social problems, and can lead to the use and abuse of other substances. This measure is a necessary part of a concerned effort to curtail, if not stop, underage drinking.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law.

Text

STATE OF NEW YORK
________________________________________________________________________
565--A
2011-2012 Regular Sessions
IN SENATE
(PREFILED)
January 5, 2011
___________

Introduced by Sen. ROBACH -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health and Develop-
mental Disabilities -- committee discharged and said bill committed to
the Committee on Alcoholism and Drug Abuse -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the alcoholic beverage control law, in relation to
increasing the length of suspension of a driver's license for a person
who illegally purchases or attempts to illegally purchase an alcoholic
beverage
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 65-b of the alcoholic beverage
control law, as amended by chapter 519 of the laws of 1999, the opening
paragraph as amended by chapter 503 of the laws of 2000, is amended to
read as follows:
6. In addition to the penalties otherwise provided in subdivision
three of this section, if a determination is made sustaining a charge of
illegally purchasing or attempting to illegally purchase an alcoholic
beverage, the court may suspend such person's license to drive a motor
vehicle [and] OR, IF SUCH PERSON IS UNLICENSED, the privilege of [an
unlicensed person of] obtaining such license, in accordance with the
following and for the following periods, if it is found that a driver's
license was used for the purpose of such illegal purchase or attempt to
illegally purchase[; provided, however, that where a person is sentenced
pursuant to paragraph (b) or (c) of subdivision three of this section,
the court shall impose such license suspension if it is found that a
driver's license was used for the purpose of such illegal purchase or
attempt to illegally purchase:].

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01985-02-1

S. 565--A 2

(a) For a first violation of paragraph (a) of subdivision two of this
section, a [three] SIX month suspension.
(b) For a second [violation of paragraph (a) of subdivision two of
this section, a six month suspension.
(c) For a third] or subsequent violation of paragraph (a) of subdivi-
sion two of this section, a suspension for one year or until the holder
reaches the age of twenty-one, whichever is the greater period of time.
Such person may thereafter apply for and be issued a restricted use
license in accordance with the provisions of section five hundred thirty
of the vehicle and traffic law.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.

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